Revised July 8, 2003
We reserve the right to update or change these Terms of Service at any time and for any reason by posting a revised version on the iTriage Web site; therefore, we recommend you periodically visit this page and print the latest version of the Terms of Service for your records. For your information, the date of the last update to these Terms of Service is stated at the top of this document.
1. LEGAL NOTICES
ALL INFORMATION, PRODUCTS, MATERIALS, AND SERVICES CONTAINED ON THIS WEB SITE, OR PROVIDED THROUGH THIS WEB SITE, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, AND COOKIES ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ITRIAGE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
ITRIAGE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION WITH REGARD TO THE CONTENT CONTAINED ON THIS WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED HEREIN.
ITRIAGE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION, OR APPLICATION OF PREPARATION OR MEDICATION BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH ITRIAGE.
ITRIAGE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON THIS WEB SITE ARE ACCURATE, RELIABLE, COMPLETE, OR CURRENT.
1.1. Limitation of Liability: IN NO EVENT SHALL ITRIAGE, NOR ANY OF ITS MANAGERS, EMPLOYEES, OPERATORS, CONTRACTORS, SUPPLIERS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT DAMAGES.
IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ITRIAGE, NOR ANY OF ITS MANAGERS, EMPLOYEES, OPERATORS, CONTRACTORS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ITRIAGE IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME.
YOU ACKNOWLEDGE AND AGREE THAT RETENTION BY YOU OF DIRECT DAMAGES, AS LIMITED BY THE FOREGOING SENTENCES, IS YOUR SOLE AND EXCLUSIVE REMEDY IN EXHAUSTION OF ALL OTHER REMEDIES UNDER THESE TERMS OF SERVICE, AT LAW OR IN EQUITY, AND THAT SUCH REMEDY IS NOT DEEMED OR ALLEGED BY YOU TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT IS ITRIAGE LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS WEB SITE OR ANY SERVICE, PRODUCT OR INFORMATION OFFERED OR PURCHASED THROUGH THIS WEB SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.
WHEN USING THE ITRIAGE SERVICES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF ITRIAGE AND ITS SUPPLIERS. ACCORDINGLY, ITRIAGE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE ITRIAGE SERVICES.
2. INTELLECTUAL PROPERTY
2.1. Copyrights: All of the content of this Web site, including text, art, graphics, logos, button icons, images, pictures, audio clips, and software is the property of ITRIAGE, our members, partners, or content providers and is protected by U.S. and international copyright laws. Except as granted in the limited license below, any other use of such content, including modification, transmission, presentation, distribution, or republication is prohibited without the express prior written consent of ITRIAGE.
2.2. Trademarks: All trademarks, trade names, logos, brand names, and service marks of ITRIAGE, whether registered or unregistered, are the property of ITRIAGE and are protected by U.S. and international trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the express prior written consent of ITRIAGE. In no event may any such assets be used in connection with any product or service that is not ITRIAGE's, in any manner that is likely to cause confusion or in any manner that disparages or discredits ITRIAGE. All other trademarks, trade names, brand names, company names and/or logos appearing on this Web site are the property of their respective owners.
2.3. Patents: All patents and patent applications of ITRIAGE are the property of ITRIAGE and are protected by U.S. and international patent laws. Any use of these patented or patentable assets is prohibited without the express prior written consent of ITRIAGE.
2.4. Limited License: ITRIAGE authorizes you to download the material on this Web site solely for your personal, non-commercial use. If you violate any provision of these Terms of Service, your permission to use such material automatically terminates and you must immediately destroy any copies you have made of any portion of such material.
2.5. Restrictions on Use: As a condition to your use of the ITRIAGE Web site and services, you agree you will not: (i) use the ITRIAGE Web site or services to infringe the intellectual property rights of others in any way; (ii) use the ITRIAGE Web site or services, or attempt to penetrate, modify or manipulate the ITRIAGE Web site or services or any of the hardware or software thereof, in order to: invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the ITRIAGE Web site or services that is not otherwise deliberately made available through the ITRIAGE Web site or services, or modify, erase or damage any information contained on the computer of any user connected to the ITRIAGE Web site or services; or (iii) reverse engineer any portion of the ITRIAGE Web site or services. This Web site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes that is not expressly permitted by ITRIAGE.
2.6. Termination: ITRIAGE reserves the right to refuse service and terminate accounts, including, but not limited to, if ITRIAGE believes user conduct violates applicable law or is harmful to the interests of ITRIAGE, its members, partners, suppliers, or other users, or for any other reason at ITRIAGE's sole discretion, with or without cause.
2.7. Third-Party Licenses: You agree that you will not upload or transmit any communication or content of any type that infringes or violates any rights of any party.
3. NOTICES OF ALLEGED INFRINGEMENT OF COPYRIGHT
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office Web site), ITRIAGE will respond expeditiously to claims of copyright infringement committed using the ITRIAGE service that are reported to ITRIAGE. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement to ITRIAGE: email@example.com.
4. GENERAL LEGAL PROVISIONS
4.1. Governing Law and Jurisdiction: These Terms of Service will be governed by California law for all purposes, including Web site and services use and product purchases, without regard to or application of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of California.
4.2. Third-Party Links: ITRIAGE does not endorse the content on any third-party Web sites. ITRIAGE is not responsible for the content or result of any dealings with third parties who advertise on this site. Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such Web sites. ITRIAGE does not endorse any product advertised on this Web site nor does ITRIAGE endorse manufacturer or other claims about the efficacy of these products.
4.3. Export Laws: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived from the Web site to either a foreign national or a foreign destination in violation of such laws.
4.4. Indemnification: You agree to indemnify, defend, and hold harmless ITRIAGE, its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these Terms of Service or any activity (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing ITRIAGE.
4.5. International Laws: ITRIAGE is based in the State of California in the United States of America. ITRIAGE makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the ITRIAGE content and services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
4.7. Waiver: Our failure to exercise or enforce any right or provision of the Terms of Service or other legal notices posted by ITRIAGE on this Web site shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Service or of any other legal notices posted by ITRIAGE on this Web site shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
4.8. Severability: If any provision of the Terms of Service or of any other legal notices posted by ITRIAGE on this Web site is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service should remain in full force and effect.
4.9. Modification: Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service or of any other legal notice posted by ITRIAGE on this Web site.
4.10. Assignment: ITRIAGE may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval.
4.11. Headings: The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
4.12. Notices: If you have questions or comments regarding this Web site, please contact us at firstname.lastname@example.org.